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Thursday, November 30, 2006 Available online from law.com: Marcia Coyle reports that "High Court Vets False Claims Act." And Pamela A. MacLean reports that "4th Circuit Ruling Trims Reach of State Anti-Spam Laws; A critical finding for companies that use mass e-mail to target clients." My earlier coverage appears at this link. "An Update on the State of the Docket": At "SCOTUSblog," Tom Goldstein has this interesting post about the state of the U.S. Supreme Court's docket. Goldstein summarizes his point as follows: "[O]n the one hand, the Court is not taking enough cases to fill the argument calendar; on the other hand, it is scheduling briefing as if it were. The failure to adapt the briefing schedule to the smaller size of the Court’s docket produces expedited briefs that are less thorough and helpful to the Justices and creates a recurring cycle in which it is necessary to apply still more expedited schedules." Posted at 05:58 PM by Howard Bashman "Appeals court: Soledad cross measure constitutional." The San Diego Union-Tribune provides a news update that begins, "A San Diego appeals court ruled Thursday that Proposition A, a voter-approved 2005 measure which authorized transferring land underneath the Mount Soledad cross to the federal government was constitutional. The 3-0 ruling by a panel of justices from the 4th District Court of Appeal overturned a decision by Superior Court Judge Patricia Yim Cowett that invalidated the measure." You can access today's ruling of California's Court of Appeal for the Fourth Appellate District, Division One, at this link. "Throw Him in the Brig!: The Bush administration's latest, and most appalling, assault on habeas corpus." Emily Bazelon has this jurisprudence essay online at Slate. Posted at 05:40 PM by Howard Bashman "A Conversation with Justice Breyer and Harvard Professor Fried": Law Professor Neal Katyal will be the moderator of this event, scheduled to occur on Friday, December 8, 2006 from 3:00 to 4:30 p.m. at the Georgetown University Law Center in Washington, DC. According to the media advisory, there will be a live webcast. Posted at 05:20 PM by Howard Bashman "Court Stays Out of Abortion Records Case": The Associated Press provides a report that begins, "The Kansas Supreme Court refused Thursday to intervene on behalf of two abortion clinics in a dispute with the state attorney general over patient records that were leaked to 'The O'Reilly Factor.'" Posted at 05:18 PM by Howard Bashman Glass Doctor shatters dreams of The Windshield Doctor: Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit affirms a federal district court's decision that the trademark "The Windshield Doctor" infringes on the trademark "Glass Doctor." You can access today's Fourth Circuit ruling at this link. Posted at 05:05 PM by Howard Bashman "Court Weighs Moussaoui Trial Evidence": The AP provides a report that begins, "A Justice Department lawyer urged a federal appeals court Thursday to deny some families of Sept. 11 victims evidence from the Zacarias Moussaoui trial for their lawsuits against the airline industry and others." Posted at 03:55 PM by Howard Bashman The Associated Press is reporting: An article headlined "Mass. Gay-Marriage Case on to Full Court" begins, "The state's entire high court should decide whether to force lawmakers to take action on a proposed constitutional amendment to ban gay marriage, one justice decided Thursday." And an article headlined "Blind Inmate's Medication Claim Revived" reports on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday. "Government seeks delay in Hamdan case": Lyle Denniston has this post at "SCOTUSblog." Posted at 02:45 PM by Howard Bashman Eighth Circuit affirms dismissal of antitrust lawsuit alleging that pharmaceutical manufacturers engaged in a concerted course of conduct designed to prevent brand name prescription drugs purchased from Canadian pharmacies from entering the United States: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. The lawsuit was filed by a group of consumers and organizations from Minnesota. Posted at 12:35 PM by Howard Bashman In news from the U.S. Court of Appeals for the Fourth Circuit: The "South Carolina Appellate Law Blog" today provides a post that begins, "My sources report that today Chief Judge William Wilkins sent a letter to President Bush announcing that he will take senior status effective July 1, 2007. Judge Karen Williams will become the next Chief Judge of the Fourth Circuit." Posted at 12:23 PM by Howard Bashman "Kan. Man Sentenced in Internet Sex Sting": The AP provides a report that begins, "A lawyer convicted in an Internet sex sting was sentenced Wednesday to five years in prison, capping a legal battle that challenged a common tool police use to catch sexual predators online." And The Kansas City Star reports today that "Ex-lawyer gets five-year term." "Court: Boy Can't Join Girls' Gym Team." The Associated Press provides a report that begins, "A state appeals court on Thursday rejected a lawsuit by a boy who wanted to compete on his high school's girls' gymnastics team." You can access today's ruling of the Court of Appeals of Wisconsin at this link. "S.D. kept in cross lawsuit; Judge says ruling could affect city": The San Diego Union-Tribune today contains an article that begins, "A federal judge refused yesterday to dismiss the city of San Diego from a lawsuit challenging the transfer of the Mount Soledad cross to the federal government in an effort to preserve it. The ruling is the first in the latest suit over the controversial La Jolla landmark, and it comes as state and federal appeals courts ponder rulings against the city in earlier lawsuits." Posted at 10:28 AM by Howard Bashman "Gitmo Justice Is a Joke": Andrew Cohen has this essay online today at washingtonpost.com. Posted at 10:07 AM by Howard Bashman "Lesbian birth mom loses case for custody": The Pittsburgh Post-Gazette today contains an article that begins, "The state Supreme Court let stand a lower court decision giving a non-biological, lesbian mother primary custody of the children she helped raise with their biological mother." Posted at 08:54 AM by Howard Bashman "Ryan dodges jail -- for now; Development raises his hopes for reversal": The Chicago Sun-Times today contains an article that begins, "After a year filled with defeats, George Ryan has won a round. An unusual 7th Circuit Court of Appeals ruling that lets Ryan stay free on bond during the appeals process signals the court has serious questions with the former governor's conviction, experts say." And The Chicago Tribune reports today that "Ruling gives Ryan hope; Court lets him stay free on bail during appeal; pension denied." In addition, columnist John Kass has an op-ed entitled "Judges can wipe smirks off corrupt pols." "Mayfield settles for $2 million; A Portland-area man, who sued the U.S. over his treatment in a bombing case, tells of ordeal": The Oregonian contains this article today. The New York Times reports today that "U.S. Will Pay $2 Million to Lawyer Wrongly Jailed." The Washington Post reports that "U.S. Settles Suit Filed by Ore. Lawyer; $2 Million Will Be Paid For Wrongful Arrest After Madrid Attack." The Los Angeles Times reports that "$2 million, apology settle FBI fingerprint error case." And USA Today reports that "Ore. lawyer settles suit over Madrid bombings; Gets $2 million, apology from U.S. government." "Treasury ordered to redesign money for the blind": This article appears today in The Los Angeles Times. The Washington Times reports today that "Vendors protest mandated currency changes for blind." And USA Today contains an article headlined "Shut your eyes: Can you tell a $1 from a $5? Maybe soon; Bills may change shape, size to help the blind." My earlier coverage appears at this link. "It's hardball time in software case; Spotlight will hit Polk court as suit against Microsoft goes to trial today": The Des Moines Register today contains an article that begins, "A jury will hear two widely differing views of defendant Microsoft Corp. in a long-awaited civil trial that begins today in Polk County District Court. One view will paint Microsoft as a corporate bully that routinely intimidated and used illegal tactics to drive competitors out of business and keep software prices artificially high. The other will portray the world's largest software maker as a visionary company that made smart decisions and took risks others wouldn't in an effort to make personal computers affordable and accessible to everyone. By the time it's over, the case is expected to be one of the longest-running legal squabbles in Iowa history and one of the most watched." Posted at 08:05 AM by Howard Bashman "Feds: Ruling hurts oversight of Indian casinos; Audits blocked; some see threat to integrity." Today's issue of USA Today contains an article that begins, "Federal auditors say a court ruling last month has crippled their ability to examine operations at Indian casinos, raising concerns that the $22 billion Indian gaming industry could be increasingly vulnerable to corruption. The National Indian Gaming Commission (NIGC), a regulatory panel within the Department of Interior, says its auditors have been prohibited from conducting reviews of personnel and finances at Indian casinos across the nation since the D.C. Circuit Court of Appeals ruled Oct. 20 that the commission's regulatory authority does not extend much beyond its oversight of bingo games." Posted at 08:00 AM by Howard Bashman "Panel: Race Still Relevant; Five decades after landmark Brown decision, integration still contested in schools." The Harvard Crimson today contains an article that begins, "Legal analysts and civil rights activists emphasized the need to protect the landmark Brown v. Board of Education decision in a panel at Harvard Law School (HLS) yesterday." Posted at 07:54 AM by Howard Bashman "Off-the-job smoker sues over firing; Says company policy is a slippery slope": The Boston Globe today contains an article that begins, "A Buzzards Bay man has sued The Scotts Co. , the lawn care giant, for firing him after a drug test showed nicotine in his urine, indicating that he had violated a company policy forbidding employees to smoke on or off the job. The suit, filed yesterday in Suffolk Superior Court, is highly unusual because it involves an employee who was terminated for engaging in legal activities away from the workplace. The lawyer who filed the complaint said he believes it is the first of its kind in the state." And The Boston Herald today contains an article headlined "Great Scott! Fired for smoking on his own time." "Justice for a Parent and Child: Virginia's Court of Appeals does the right thing for common sense and custody laws." The Washington Post contains this editorial today. Posted at 07:45 AM by Howard Bashman "Court Hears Global Warming Case; Justices to Decide Challenge on Greenhouse Gas Emissions": This article appears today in The Washington Post. Today in The Los Angeles Times, David G. Savage reports that "Justices hear climate debate; The court seems split on whether a group of states can challenge the U.S. refusal to regulate greenhouse gases." The Boston Globe reports that "High court hears global warming case; Ponders whether states' case vs. EPA is legally justified." The Boston Herald reports that "AG's office before high court in bid to curb global warming." The San Francisco Chronicle reports that "High court divided on warming; Justices comment on arguments in case against EPA." And The Washington Times reports that "Global warming goes to high court." Wednesday, November 29, 2006 "Justices' First Brush With Global Warming": Linda Greenhouse will have this article Thursday in The New York Times. Posted at 10:50 PM by Howard Bashman "Federal Oversight of Banks Risks Abuse, States Argue": The Washington Post on Thursday will contain an article that begins, "All 50 states and the District of Columbia yesterday urged the Supreme Court to overturn lower court rulings that they said would give federal authorities the ability to block states from prosecuting financial institutions for predatory lending practices." Posted at 10:48 PM by Howard Bashman "Court considers role of U.S. in regulating emissions; Vote may turn on issue of 'imminent' harm": Joan Biskupic will have this article Thursday in USA Today. And Bill Mears of CNN.com reports that "Global warming debate hits Supreme Court." "Judge limits Gates' Iowa visits as trial begins": The Associated Press provides a report that begins, "Microsoft Corp. Chairman Bill Gates must travel to Iowa only once to defend his company in a class-action antitrust case beginning Thursday that accuses him of running a monopoly that overcharged Iowans millions of dollars." Posted at 10:40 PM by Howard Bashman "Supreme Court tackles global warming": The San Francisco Chronicle provides this news update. Posted at 10:33 PM by Howard Bashman "Court considers if the EPA can regulate greenhouse gas emissions": Stephen Henderson of McClatchy Newspapers provides this report. And James Rosen of McClatchy Newspapers reports that "Supreme Court referees dispute between Wachovia, state regulators." "The Wronged Man: Unjustly Imprisoned and Mistreated, Khaled al-Masri Wants Answers the U.S. Government Doesn't Want to Give." This lengthy article appears today in The Washington Post. Posted at 10:15 PM by Howard Bashman "Financier Armstrong's Contempt Term Upheld; New Judge, Hearing Ordered; Case is second in a year that 2nd Circuit has reassigned from New York judge": law.com provides this report. My earlier coverage is at this link. Posted at 09:58 PM by Howard Bashman "Supreme Court Takes up Global Warming Case": This segment (transcript with link to audio) appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer." Posted at 09:54 PM by Howard Bashman "Eyes on Kennedy as Supreme Court Debates Global Warming Case": law.com's Tony Mauro provides this report. Posted at 08:00 PM by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Supreme Court Hears EPA Auto Emissions Case" (featuring Nina Totenberg) and "Has the Move to Make Cars Greener Stalled?" RealPlayer is required to launch these audio segments. "U.S. Apologizes to Mistaken Terrorism Suspect": The Washington Post provides a news update that begins, "The U.S. government has agreed to pay $2 million to an Oregon lawyer who was wrongfully arrested as a terrorism suspect because of a bungled fingerprint match and has issued an apology for the 'suffering' inflicted on the attorney and his family." The newspaper also provides access to the federal government's apology note and a copy of the settlement agreement. "Supreme Court Takes Up Global Warming Case": Linda Greenhouse of The New York Times provides this news update. Posted at 07:35 PM by Howard Bashman "Benchwarming: The Supreme Court melts down over greenhouse gasses." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 07:30 PM by Howard Bashman "Justices closely split on greenhouse gases": David G. Savage of The Los Angeles Times provides this news update. In news coverage and commentary that preceded this morning's U.S. Supreme Court oral argument, The San Diego Union Tribune reports today that "High court dips its toe into global warming; Landmark case may put heat on California." And The Austin American-Statesman reports today that "Texas backs EPA in high court case; Agency doesn't think it should limit carbon dioxide emissions." The Sacramento Bee contains an editorial entitled "Supremes take the heat: Court to decide if EPA must regulate CO2." The San Francisco Chronicle contains an editorial entitled "A global court case." The Dallas Morning News contains an editorial entitled "Justices: Compel EPA to enforce Clean Air Act." In The Denver Post, columnist Al Knight has an op-ed entitled "Colo. stands by in global warming case." In The Daily Journal of California, Timothy J. Dowling has an op-ed entitled "Court Must Make EPA Do Its Job on Global Warming." And CBS News legal analyst Andrew Cohen has a post-argument essay entitled "Not So Hot To Trot: Supreme Court Wraps Up Unpromising Showdown Over EPA Regulation Of Greenhouse Gases." Second Circuit rejects Fourth Amendment challenge asserted by ferry riders commuting between Grand Isle, Vermont and Plattsburgh, New York to practice of searching carry-on baggage of randomly selected passengers and inspecting randomly selected vehicles, including their trunks, pursuant to federal Maritime Transportation Security Act of 2002: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 05:05 PM by Howard Bashman "'Borat' proves unlucky for real Kazakh TV crew": The Cleveland Plain Dealer today contains an article that begins, "It wasn't funny being a real TV reporter from Kazakhstan trying to cover Ohio's recent elections - at a time when the nation's top box-office comedy featured a fake Kazakh TV reporter humiliating Americans." The article goes on to note that "It didn't help that the Kazakh cameraman's first name was 'Bolat.'" (Via "Obscure Store"). Posted at 04:10 PM by Howard Bashman "Supreme Court Hears Global Warming Arguments": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 03:55 PM by Howard Bashman "[T]he stated position of the Executive Branch is that due process is satisfied so long as it tells you the law; trust it, for it is under no obligation to show you the law." Counsel for John Gilmore today filed the Reply Brief for Petitioner in support of the pending petition for writ of certiorari in Gilmore v. Gonzales, a case that you can learn much more about at this link. According to the Reply Brief filed today: The brief in opposition is one part legal argument, and nine parts obfuscation. The legal argument only serves to emphasize the importance of the question presented: the stated position of the Executive Branch is that due process is satisfied so long as it tells you the law; trust it, for it is under no obligation to show you the law. BIO 12-13. That is not correct: due process requires publication of the law itself. The disagreement framed by the case over whether the legal rule must be published or may be conveyed less formally is clear; certiorari should be granted here to decide the issue.Additional legal documents, including the federal government's Brief in Opposition, can be accessed via this link. Posted at 03:50 PM by Howard Bashman Third Circuit rejects "alter ego" test, in favor of applying "functional" test, in evaluating claims of absolute legislative immunity: Today's ruling affirms a federal district court's refusal to dismiss on defendants' motion for judgment on the pleadings, based on the defense of common law legislative immunity, a woman's suit alleging that she was discharged from her position as a legislative assistant to a state representative in violation of her First and Fourteenth Amendment rights. Circuit Judge D. Brooks Smith delivered the opinion of the court. Posted at 03:24 PM by Howard Bashman Access online the transcript of today's U.S. Supreme Court oral argument in Watters v. Wachovia Bank, N.A., No. 05-1342: The transcript can be accessed at this link. Posted at 03:08 PM by Howard Bashman "Supreme Court takes up global warming case": The Boston Globe provides this news update. And Frank Davies of the MediaNews Washington Bureau reports that "Supreme Court gingerly enters global-warming debate." Forthcoming speaking appearance: On Tuesday, December 5th, 2006, I'll be at Yale Law School in New Haven, Connecticut to speak at a Federalist Society-hosted panel on law blogging. Also scheduled to speak at the event are Law Professor Jack M. Balkin, of "Balkinization," and Law Professor Glenn Harlan Reynolds, of "Instapundit." The event is slated to begin at 6:10 p.m. next Tuesday and is open to the public. I've made plenty of blog-related trips up to Harvard Law School, but this is my first to Yale, so I'm especially looking forward to it. Get your global warming oral argument transcript, hot off the press: The transcript of today's U.S. Supreme Court oral argument in Massachusetts v. EPA, No. 05-1120, can be accessed at this link. Posted at 02:18 PM by Howard Bashman "Global Warming Dispute Divides U.S. Supreme Court": Greg Stohr of Bloomberg News provides this report. And Reuters reports that "Supreme Court hears first global warming case." The Associated Press is reporting: Now available online are articles headlined "Court Debates National Bank Regulation"; "Court: Ex-Ill. Gov. Free During Appeal"; and "Wrongly Accused Man Settles Bomb Suit." Posted at 02:05 PM by Howard Bashman "Are we being fusspots and nitpickers in trying (so far with limited success) to enforce rules designed to ensure that federal courts do not exceed the limits that the Constitution and federal statutes impose on their jurisdiction?" So asks Seventh Circuit Judge Richard A. Posner today in an opinion issued on behalf of the majority on a three-judge panel. In a portion of the ruling in which only Judge Posner and now-Chief Judge Frank H. Easterbrook have joined, Judge Posner writes: [T]he lawyers have wasted our time as well as their own and (depending on the fee arrangements) their clients' money. We have been plagued by the carelessness of a number of the lawyers practicing before the courts of this circuit with regard to the required contents of jurisdictional statements in diversity cases. It is time, as we noted in BondPro, that this malpractice stopped. We direct the parties to show cause within 10 days why counsel should not be sanctioned for violating Rule 28(a)(1) and mistaking the requirements of diversity jurisdiction. We ask them to consider specifically the appropriateness, as a sanction, of their being compelled to attend a continuing legal education class in federal jurisdiction.In a separate opinion concurring in the judgment on the merits, Circuit Judge Terence T. Evans writes: I decline to join the court's stinging criticism of the attorneys regarding their less-than-perfect jurisdictional statements. Sure, the plaintiffs should have said the amount in controversy exceeds $75,000, not that it is $75,000. And sure, both sides stumbled on their declarations regarding the dual citizenship of the corporate defendants. But, at best, these are low misdemeanors; yet the court treats them like felonies. I would not label these minor flaws as "blunders," nor would I come close to saying this is "malpractice" which must be stopped. Also I would not issue an order to show cause, and I certainly would not suggest that an appropriate sanction might be to compel the lawyers' attendance at "a continuing legal education class on federal jurisdiction."You can access the complete ruling at this link If you'd like to link directly to this Seventh Circuit ruling but are unfamiliar with the unique difficulties inherent in linking directly to that court's decisions, please refer to the specific instructions I provided in this recent earlier post. "Analysis: Kennedy key to global warming challenge." Lyle Denniston has this post online at "SCOTUSblog." Posted at 01:12 PM by Howard Bashman "Alleged Torture Victim Speaks to Press": The Associated Press provides a report that begins, "Khaled el-Masri, who claims the CIA tortured him at a prison in Afghanistan, said Wednesday he believes an explanation of what happened to him by the U.S. government would help prevent others from suffering a similar fate." The article goes on to note that "A federal appeals court in Richmond, Virginia, heard arguments Tuesday by his attorneys that a lawsuit he filed against the former head of the CIA should be reinstated." "Court allows suit over e-mails": The Atlanta Journal-Constitution today contains an article that begins, "In a legal decision that troubles some free-speech advocates, the Georgia Supreme Court has ruled against a woman who complained in e-mails about the care her mentally disabled son was receiving through a nonprofit organization that provides resources to families with disabled members. In a 4-3 decision, the court ruled that the Georgia Community Support and Solutions Inc. lawsuit against Shirley Berryhill can proceed and that her e-mails criticizing the organization are not protected by Georgia's anti-SLAPP (Strategic Lawsuits Against Public Participation) statute, which is intended to shield whistleblowers and people who speak up at public forums." You can access yesterday's ruling of the Supreme Court of Georgia at this link. "End Unfair Limits On Prisoner Lawsuits": The Detroit Free Press today contains an editorial that begins, "Federal laws have made it unreasonably difficult, and sometimes impossible, for Michigan prison inmates to file successful civil rights lawsuits in federal court. The U.S. Supreme Court recently heard arguments on appeals from three inmates that could strike down some of the worst restrictions." Posted at 11:33 AM by Howard Bashman "High Court Takes Up Global Warming Case": The Associated Press provides this early report on this morning's recently-concluded oral argument. Posted at 11:32 AM by Howard Bashman "City Wants Out from Cross Case": The Voice of San Diego today provides a report that begins, "The city of San Diego is asking a federal judge to extricate it from the latest skirmish in the 17-year legal battle over the fate of the Mount Soledad cross. In court papers filed earlier this month, the city asked U.S. District Court Judge Barry Ted Moskowitz to dismiss it as a defendant in a lawsuit that claims the transfer of the cross to the federal government is unconstitutional." Posted at 11:30 AM by Howard Bashman "Ginsburg in the nude?" Syndicated columnist James J. Kilpatrick today has an essay that begins, "Let us suppose, to be supposing, that an enterprising pornographer decides to seek a new market for his dirty pictures. He surmises, correctly, that law students have minds as dirty as the minds of, say, journalism students. So he puts together a law review filled with photographs of nekkid ladies." Posted at 11:25 AM by Howard Bashman "Inmate abortion access parsed; Court appeal looks at transportation rules": This article appears today in The Arizona Republic. And The Arizona Daily Star today contains an article headlined "Arpaio's lawyer: Jail can refuse rides for abortions; Wants court to restore county transport policy." "U law school roiled by professor's hiring; Work as federal lawyer on terror memo cited": The St. Paul Pioneer Press today contains an article that begins, "Robert Delahunty looked like the perfect fill-in to teach a constitutional law class next term at the University of Minnesota. He had broad federal legal experience, and an impressive resume and was available in a pinch. But U officials apparently didn't realize that Delahunty also co-authored one of the most controversial legal opinions from the nation's war on terror and that hiring him could prompt criticism on campus. Now, some U students and professors are questioning Delahunty's selection to teach next term. Law school leaders plan to meet today with students but made clear on Tuesday that Delahunty is their choice." The Minnesota Daily reported yesterday that "New hire controversial; Delahunty co-authored a memo to President Bush containing legal advice concerning al-Qaida." And Inside Higher Ed reports that "Appointment Roils a Law School." You can access Law Professor Robert Delahunty's online bio at this link. "Board settles gender bias suit; Coach to get $50,000, lawyers, $340,000": The Birmingham News today contains an article that begins, "Lawyers for teacher Roderick Jackson and the Birmingham Board of Education settled Tuesday night a 5-year-old gender-discrimination lawsuit that went to the U.S. Supreme Court in 2005, lawyers for both sides said." Posted at 10:50 AM by Howard Bashman Blogging about logging: The Seattle Post-Intelligencer today contains an article headlined "Supreme Court hears antitrust suit against Weyerhaeuser" that begins, "The lawyer for a now-defunct sawmill told the U.S. Supreme Court on Tuesday that timber giant Weyerhaeuser Co. broke federal antitrust laws by overpaying for more logs than it needed and then cutting its prices on the finished lumber used to make guitars and furniture." And The Oregonian reports today that "High court looks at NW timber bids; Weyerhaeuser appeals ruling that it drove up prices to kill competition." Yesterday, The Seattle Times previewed the case in an article headlined "Alder case cuts at antitrust." "Harassed worker turns to high court": The Portland Press Herald today contains an article that begins, "A Portland man hopes the U.S. Supreme Court will do what a Maine jury would not, and let him seek damages from his former employer, Jordan's Meats." Posted at 10:38 AM by Howard Bashman Duly noted: Having one's blog linked at Slashdot produces lots of visitors in very little time. Posted at 10:30 AM by Howard Bashman "Kansas Outlaws Practice Of Evolution": The Onion today provides this report. Posted at 10:23 AM by Howard Bashman "Supreme Court to Take Up Global Warming": The Associated Press provides this report. And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "High Court to Hear Greenhouse-Gas Case" (RealPlayer required). "Lesbian's custody rights are upheld; Virginia backs rulings by Vermont courts in a dissolved civil union": The Los Angeles Times today contains an article that begins, "A Virginia appellate court ruled Tuesday in a closely watched lesbian custody dispute that the biological mother must answer to the laws of Vermont, where she and her former partner entered into a civil union and raised a child together. The ruling skirted a broader question key to the national debate: whether Virginia can be forced to recognize such a union sanctioned in another state." The Richmond Times-Dispatch reports today that "Va. sends custody fight to Vermont; Civil-union ruling could be appealed to Va. high court." And The Rutland Herald contains an article headlined "Court: Custody case belongs in Vt." My earlier coverage appears at this link. "Blind woman sees future in law; UVa student uses technology, smarts in studies": This article appeared Monday in The Daily Progress of Charlottesville, Virginia. Posted at 08:50 AM by Howard Bashman "Pelosi Won't Pick Tainted Lawmaker for Key Post ": The New York Times today contains an article that begins, "Representative Nancy Pelosi announced on Tuesday that she would not award the chairmanship of the House Intelligence Committee to Representative Alcee L. Hastings of Florida, who was a leading contender for the post." The Washington Post today contains a front page article headlined "Hastings, Harman Rejected for Chairmanship; Pelosi Decides Against Both of House Intelligence Panel's Top Two Democrats." The Los Angeles Times reports that "Hastings won't chair intel panel, Pelosi says; With top Democrats out, an outsider may be named to the key post." The Wall Street Journal reports "Pelosi Moves to End Quarrel Over Intelligence Post; Speaker-in-Waiting Says She Won't Name Hastings, Who Was Once Impeached" (free access). Josh Gerstein of The New York Sun reports that "Pelosi Rejects Hastings as Intelligence Chairman." McClatchy Newspapers report that "Pelosi rejects Hastings for leadership position." The Washington Times reports that "Hastings denied top intelligence seat." And The South Florida Sun-Sentinel reports that "Hastings loses bid for chairmanship of U.S. House Intelligence commiittee." "Happy ending? Suit over Barney parody is settled." The Los Angeles Times today contains an article that begins, "Barney the purple dinosaur may sing about how much he loves you, but his corporate masters don't care much for Stuart Frankel." Posted at 08:34 AM by Howard Bashman "San Quentin's execution team is called incompetent; A brief filed on behalf of killer Michael Morales finds broad problems with death penalty cases": Henry Weinstein has this article today in The Los Angeles Times. Posted at 08:32 AM by Howard Bashman "FBI appoints veteran for criminal division": The Washington Times today contains an article that begins, "A veteran FBI supervisor who oversaw the investigation into the high-profile, unsolved death of a federal prosecutor in Baltimore was appointed yesterday to lead the criminal division of the bureau's Washington field office." Next Monday will mark the three-year anniversary of the discovery of Assistant U.S. Attorney Jonathan Luna's dead body in Lancaster County, Pennsylvania. The Baltimore Sun's coverage of the case can be accessed via this link. "Few chances for lawyers to develop trial skills": This article appears today in The Boston Globe. Posted at 08:15 AM by Howard Bashman "'Super-Sealed' Excavation": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Forty court files remain 'super-sealed' four years after revelations that the judicial branch had concealed existence of many lawsuits, enraging lawmakers and the public. But more information about the cases trickled out Tuesday as a judge and lawyers for several litigants who have sued the court system over the practice try to solve the conundrum." Posted at 08:14 AM by Howard Bashman "A Slide Toward Segregation": Today in The Washington Post, columnist Ruth Marcus has an op-ed that begins, "A half-century after Brown v. Board of Education, it's come, amazingly, to this: The Supreme Court, in the name of preventing race discrimination, is being asked to stop local schools from voluntarily adopting plans to promote integration." Posted at 08:07 AM by Howard Bashman "Supreme Court to hear greenhouse warming case": Reuters provides this report. The Boston Globe reports today that "High Court to hear case on auto pollution; Mass., other states challenge EPA." And c|net News.com reports that "Supreme Court to consider climate-change rules." Meanwhile, in commentary, USA Today contains an editorial entitled "Justices can clear the air by telling EPA to do its job; Bush administration drags feet on climate change; world seeks solutions." In addition, Law Professor Jonathan Adler has an op-ed entitled "It's not up to the EPA; If global warming requires regulation, that is a decision for Congress to make." And in The New York Sun, Thomas Bray has an op-ed entitled "Environmental Intervention Is In." "Evidence Obtained In Unabomber Case": cbs5.com of San Francisco provides this report. And The Associated Press reports that "Evidence Offers Insight Into Unabomber." "U.S. Currency Discriminates Against Blind, Judge Rules": This article appears today in The New York Times. And The Washington Times reports today that "Currency changes ordered to help blind." My earlier coverage is at this link. "Protecting Reporters' Phone Records": The New York Times today contains an editorial that begins, "A journalist's ability to protect the identity of confidential sources has been further eroded by the Supreme Court's refusal this week to stop a prosecutor from reviewing the telephone records of two New York Times reporters." Posted at 07:45 AM by Howard Bashman "Supreme Court Weighs the Meaning of 'Obvious'": Linda Greenhouse has this article today in The New York Times. And today in The Los Angeles Times, Jim Puzzanghera reports that "High court puts patent standard to the test; Justices ponder the 'obviousness' gauge; Companies and the government take sides." "Justices today tackle consumer protection; State regulators take on banking industry": This article appears today in USA Today. Posted at 07:35 AM by Howard Bashman Tuesday, November 28, 2006 On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "German Plaintiff Appeals Court Ruling in Torture Case" and "Lawyer's Apprentice: Reading the Law in Vermont" (RealPlayer required). Posted at 11:15 PM by Howard Bashman Adam Liptak is reporting: Wednesday in The New York Times, he will have articles headlined "Lawyers Debate Why Blacks Lag at Major Firms" and "Ruling Lets Women Share Rights in Fight Over Custody." Posted at 11:10 PM by Howard Bashman "Man Mistakenly Abducted by C.I.A. Seeks Redress": In Wednesday's edition of The New York Times, Neil A. Lewis will have an article that begins, "A lawyer for a German man who was abducted while on vacation in Macedonia and said he was tortured while in C.I.A. custody in Afghanistan urged a federal appeals court on Tuesday to reinstate his lawsuit against the agency, which had been dismissed for national security reasons." Posted at 11:05 PM by Howard Bashman "Justices to Decide Merits of Global Warming Petition": This article will appear Wednesday in The New York Times. Posted at 11:02 PM by Howard Bashman Joan Biskupic is reporting: In Wednesday's edition of USA Today, she will have articles headlined "Supreme Court to hear case on global warming; States seek federal oversight of emissions" and "Supreme Court patent case comes down to stating 'obvious.'" Posted at 10:55 PM by Howard Bashman "Supreme Court battle considers regulation of greenhouse gases": Michael Doyle of McClatchy Newspapers provides this report. Posted at 07:55 PM by Howard Bashman "Listen Up: The Supreme Court's hot/cold audio-casting policy." Dahlia Lithwick has this jurisprudence essay online at Slate. I too have argued in favor of same-day release of oral argument audio from the U.S. Supreme Court. "Supreme Court hearing abstract patents case": Jim Puzzanghera of The Los Angeles Times provides this news update. Posted at 07:44 PM by Howard Bashman "Virginia appeals court: Vt. has say in lesbian custody battle." The Associated Press provides a report that begins, "A Virginia appeals court sidestepped the issue of civil unions Tuesday and ruled that Vermont courts have jurisdiction in a custody battle between two former lesbian partners." The "SW Virginia law blog" covers the ruling in a post titled "Virginia Court of Appeals tiptoes around DOMA in Miller-Jenkins case." You can access today's ruling of the Court of Appeals of Virginia at this link. "Pelosi Passes on Hastings, Harman for House Intel Chair": The Washington Post provides this news update. Earlier, in today's edition of The Daily Journal of California, Lawrence Hurley has an article headlined "Congressman Rises Above Impeachment; Disgraced Ex-Judge Could Chair House Intelligence Panel." "Key test of state power for Supreme Court: In a case of state vs. federal bank laws, to be argued Wednesday, the Roberts court may offer clues to its stance on federalism." Warren Richey will have this article Wednesday in The Christian Science Monitor. Posted at 06:00 PM by Howard Bashman "A View from the Bench: The unpersuasive case for judicial activism." In the December 4, 2006 issue of The Weekly Standard, Edward Whelan has this review of Law Professor Kermit Roosevelt III's new book, "The Myth of Judicial Activism: Making Sense of Supreme Court Decisions." Posted at 05:54 PM by Howard Bashman "Justice shares his change in thinking about flag desecration": Online at the First Amendment Center, Tony Mauro has a report that begins, "Supreme Court Justice John Paul Stevens, who voted to uphold laws that banned flag-burning in rulings in 1989 and 1990, now opposes a constitutional amendment that would accomplish the same thing." C-SPAN aired Justice Stevens' remarks this past Saturday night, and I linked to the video of the broadcast in this recent post. "Judge: Make Bills Recognizable to Blind." The Associated Press provides a report that begins, "The government discriminates against blind people by printing money that all looks and feels the same, a federal judge said Tuesday in a ruling that could change the face of American currency." My earlier coverage appears at this link. "Justices Slam Nation's Patent System; Federal Circuit Chief Defends Three-Part Test": law.com's Tony Mauro provides this report. The article includes statements from the Federal Circuit's Chief Judge, Paul R. Michel, whom Mauro interviewed after today's oral argument. Posted at 05:10 PM by Howard Bashman "Top court criticizes patent 'obviousness' test": Reuters provides this report. Posted at 04:14 PM by Howard Bashman A quote from the U.S. Supreme Court's oral argument transcript today in KSR International Co. v. Teleflex, Inc., 04-1350: At page 49 of the transcript, the following exchange appears: CHIEF JUSTICE ROBERTS: Who do you get to be an expert to tell you something's not obvious.You can access the complete transcript at this link. Posted at 03:32 PM by Howard Bashman "Marketplace: Supreme Court Hears Patents Case." This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day." Posted at 03:15 PM by Howard Bashman "Supreme Court Signals Change in U.S. Patent Protection Rules": Bloomberg News provides this report. And c|net News.com reports that "Supreme Court weighs 'obviousness' of patents." Seventh Circuit Judge Richard A. Posner appeared on today's broadcast of C-SPAN's "Washington Journal": You can view the broadcast, during which Judge Posner also answered questions from callers, by clicking here (RealPlayer required). Posted at 03:04 PM by Howard Bashman Access online the transcripts of today's oral arguments in the U.S. Supreme Court: Now available online are the transcripts of oral argument in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381, and KSR International Co. v. Teleflex, Inc., 04-1350. Posted at 02:57 PM by Howard Bashman "Interview: David Lat: Former Federal Prosecutor and Wachtell Lipton Associate Turned Celebrity Blogger." The blog "JD Bliss" has posted online this interesting interview. Posted at 02:45 PM by Howard Bashman "Reading Twombly Tea Leaves on Boylston Street": Randy Picker has this post today at "The Faculty Blog" of the University of Chicago Law School. Posted at 02:40 PM by Howard Bashman "High Court Hears Logging Industry Case": The Associated Press provides this report. Posted at 02:34 PM by Howard Bashman Show me the money! U.S. District Judge James Robertson of the U.S. District Court for the District of Columbia today issued a ruling in American Council of the Blind v. Paulson, Secretary of the Treasury holding that "the Treasury Department's failure to design and issue paper currency that is readily distinguishable to blind and visually impaired individuals violates § 504 of the Rehabilitation Act." Earlier, the opinion observes that "Most people with low vision, and all blind people, are incapable of looking at American currency and distinguishing one denomination from another." Judge Robertson has certified his decision as one involving "a controlling question of law as to which there is substantial ground for difference of opinion, and an immediate appeal from this order may materially advance the ultimate termination of this litigation." As a result, the U.S. Treasury Department can now pursue an interlocutory appeal by permission to the U.S. Court of Appeals for the D.C. Circuit. "Analysis: Patent law made for tinkerers?" Lyle Denniston has this post online at "SCOTUSblog." Posted at 02:15 PM by Howard Bashman Available today from National Review Online: Roger Clegg has an essay entitled "Race-Based Review: Compelling issues before the Court." And Byron York has an essay entitled "Alcee Hastings: I'm An Innocent Victim of Politics; He says his impeachment was a political hit job; The record says otherwise." Does the U.S. Navy discriminate against evangelical chaplains? Today the U.S. Court of Appeals for the D.C. Circuit issued an opinion addressing the claims of unlawful discharge asserted by Rev. D. Philip Veitch. The D.C. Circuit's opinion's first paragraph concludes: "[Veitch's] complaint alleged that he had been constructively discharged for unconstitutional reasons; that the Navy had forced him out of the service in violation of his First Amendment rights to free speech and free exercise of religion and in contravention of the Establishment Clause. The district court concluded that since Veitch had resigned voluntarily, he lacked standing to bring his constitutional claims. We affirm." "EPA argument 11/29/06: Major precedent looms? Maybe not." Lyle Denniston has this post online at "SCOTUSblog." Posted at 10:27 AM by Howard Bashman "Philip Morris prevails in Illinois smokers' suit": The St. Louis Post-Dispatch contains this article today. And in other cert. denied-related coverage, The Providence (R.I.) Journal reports today that "High court won't hear smoke-shop raid case; The U.S. Supreme Court's decision means a federal appeals court ruling that the state had the right to raid the Indian smoke shop in 2003 will stand." The Express-Times of Easton, Pennsylvania reports today that "Supreme Court rejects tribe's claim to Forks Township land." And The Allentown Morning Call reports that "High court rejects Indian tribe's case; Forks property owners are pleased that land dispute is over." "City in suit on climate change; High court to hear arguments on EPA's authority to regulate greenhouse gases": This article appears today in The Baltimore Sun. Posted at 08:45 AM by Howard Bashman "Court to consider whether sperm donor has parental rights": The Associated Press provides this report from Kansas. Posted at 08:44 AM by Howard Bashman "Dixie courthouse unveils the Ten Commandments": The Gainesville Sun today contains an article that begins, "Dozens of county residents took a few extra minutes on the way home from church Sunday or on the way to work Monday morning to drive past the Dixie County courthouse to see for themselves if what they had heard was true. It was. A six-ton block of granite bearing the Ten Commandments had been installed atop the courthouse steps. Inscribed at the base was the admonition to 'Love God and keep his commandments.'" The newspaper also provides this photograph of the monument. "Reduced payout in libel suit rejected; State's top judge offered to lessen $7 million award": The Chicago Tribune today contains an article that begins, "An attorney for Illinois Supreme Court Chief Justice Robert Thomas said Monday that his client offered to accept a reduced settlement after a $7 million victory in a defamation case against a Kane County newspaper, but opposing attorneys did not respond." Posted at 08:35 AM by Howard Bashman "Supreme Court Reviews U.S. Patent Rules in Suit Over Gas Pedals": Bloomberg News provides this report. Posted at 08:30 AM by Howard Bashman "Justice review will assess NSA surveillance conduct": The Washington Times contains this article today. Posted at 08:28 AM by Howard Bashman "Global Warming Goes to Court": This editorial appears today in The New York Times. And The Houston Chronicle today contains an editorial entitled "Clearing the air: Supreme Court should label greenhouse gases pollutants that cause global warming and threaten public health." "Justices rule on transport of medicinal pot; State high court decision protects patients who carry marijuana for their own use; The action expands defense options, attorney says": Maura Dolan has this article today in The Los Angeles Times. And today in The San Francisco Chronicle, Bob Egelko reports that "Transporting pot is legal for medicinal users, court rules; But conviction of man with a pound of marijuana upheld." You can access yesterday's ruling of the Supreme Court of California at this link. "Court declines school-choice appeal": The Washington Times contains this article today. Posted at 08:15 AM by Howard Bashman "Ivy Apologizes for Hosting 'Fighting Sioux'": This article appears today in The Harvard Crimson. And The Dartmouth provides a news update headlined "National news media cover Harper apology; College, UND reactions mixed." "Giordano Attacked In Prison": Today in The Hartford Courant, Lynne Tuohy has an article that begins, "Former Waterbury Mayor Philip Giordano, serving a 37-year sentence for sexually assaulting two preteen girls while mayor, was attacked this past weekend by another inmate in a housing unit at a Newtown prison." And The News-Times of Danbury reports today that "Garner prisoner accused of assaulting ex-Waterbury mayor." On this date in 1975: As The Associated Press notes here, "President Ford nominated Federal Judge John Paul Stevens to the U.S. Supreme Court seat vacated by William O. Douglas." Posted at 08:00 AM by Howard Bashman "An Intelligent Choice for A Key Panel": Today in The Washington Post, attorney Terence J. Anderson has an op-ed that begins, "No one can reasonably question Alcee Hastings's qualifications to serve as chairman of the House intelligence committee." Posted at 07:54 AM by Howard Bashman "Nicaragua's Total Ban On Abortion Spurs Critics": This front page article appears today in The Washington Post. Posted at 07:50 AM by Howard Bashman "Beyond Same-Sex Marriage: Can Mitt Romney spur a broader debate?" Brendan Miniter has this essay online today at OpinionJournal. Posted at 07:48 AM by Howard Bashman "Victory on the Hill Within Reach for Gay Community": Josh Gerstein has this article today in The New York Sun. Posted at 07:47 AM by Howard Bashman "Gay marriage bans proposed; But backers of the 2 bills also want new rights for untraditional families": This article appears today in The Newark (N.J.) Star-Ledger. The New York Times today contains an article headlined "In Trenton, a Move to Define Marriage." And The Philadelphia Inquirer reports that "Dems looking to civil unions; Two N.J. legislators say a quick resolution - not one on marriage - would help them meet a U.S. deadline." "Trial of Class-Action Law Firm Is Set for 2008": The New York Times today contains an article that begins, "The trial of the prominent class-action securities law firm Milberg Weiss Bershad & Schulman and two of its named partners has been scheduled for January 2008 so that defense lawyers will have time to prepare if additional charges are filed." And The Los Angeles Times reports today that "Milberg Weiss fraud case may grow." "Court Explores Complexities in Job Discrimination Case": Linda Greenhouse has this article today in The New York Times. Posted at 07:35 AM by Howard Bashman "Justices reject N.Y. Times in leak case; U.S. prosecutors can now review reporters' phone records": David G. Savage has this article today in The Los Angeles Times. And today in The New York Sun, Josh Gerstein reports that "New York Times Is Handed A Defeat in Charity Probe Case." Monday, November 27, 2006 "Court Clears Way for Prosecutor to Review Records in Times Case": Adam Liptak will have this article Tuesday in The New York Times. And Tuesday's edition of The Washington Post will report that "Court Won't Hear Case on Reporters' Phone Records." "Justice Dept. to Examine Its Use of NSA Wiretaps; Review Won't Address Program's Legality": This article will appear Tuesday in The Washington Post. The New York Times on Tuesday will report that "Justice Official Opens Spying Inquiry." And McClatchy Newspapers report that "Justice Department begins internal review of spying program." "Top US court skeptical of telecom antitrust case": Reuters provides this report. Posted at 10:50 PM by Howard Bashman "Case Heats Up Global Warming Debate; Supreme Court Showdown Over EPA Regulation Of Greenhouse Gases May End Up In Congress": CBS News legal analyst Andrew Cohen has this essay today. Posted at 10:48 PM by Howard Bashman "EEOC Seeks to Block Sidley Discovery Bid in Former Partners' Age Discrimination Case": law.com provides this report. Posted at 10:44 PM by Howard Bashman For fans of Federal Rule of Civil Procedure 8's "short and plain statement" rule of pleading: It's not every day that the U.S. Supreme Court has occasion to hold an oral argument focusing on just how concise is too concise when it comes to pleading a valid cause of action in federal court. But today was such a day. Fans of FRCP 8 (and of Seventh Circuit decisions applying the rule; see this decision, for example) will certainly enjoy reading the transcript of today's oral argument in Bell Atlantic v. Twombly, No. 05-1126. During oral argument, Form 9 of the FRCP's Appendix of Forms is mentioned. You can access Form 9 online at this link. Update: Apropos of my law.com essay from May 2006 headlined "Scalia-Alito Is the New O'Connor-Ginsburg," it is interesting to note that on page 7 of today's oral argument transcript, attorney Michael Kellogg refers to Justice Ginsburg as "Justice O'Connor" before correcting himself. "Justices Rebuff New York Times on Leak Inquiry": Adam Liptak of The New York Times provides this news update. Posted at 08:05 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Justice Department Eyes Spy Program"; "N.J. Bill: Rights for Gays, Siblings"; and "Maryland Court to Launch Webcasting Plan." Posted at 07:40 PM by Howard Bashman "As globe warms, can states force the EPA to act? The agency argues that climate change requires a global solution, not federal regulations; The Supreme Court weighs in this week." Warren Richey will have this article Tuesday in The Christian Science Monitor. Posted at 05:54 PM by Howard Bashman Second Circuit refuses civil contemnor's request for freedom to end nearly seven years of coercive civil contempt confinement: Martin A. Armstrong will remain behind bars, but today's ruling orders the case reassigned to a randomly-selected replacement U.S. District Judge, so that "a fresh look by a different pair of eyes" can evaluate whether continued confinement is appropriate. Posted at 05:00 PM by Howard Bashman Access online the transcripts of today's oral arguments in the U.S. Supreme Court: Now available online are the transcripts of oral argument in Bell Atlantic v. Twombly, No. 05-1126, and Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074. Posted at 03:35 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Court Rejects N.Y. Times on Leak Probe" and "Court to Release Audiotapes of Arguments." Posted at 03:28 PM by Howard Bashman "Marketplace: Philip Morris Dodges a Bullet." This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Day to Day." Posted at 03:10 PM by Howard Bashman The final chapter in DuPont's Benlate litigation? A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit today issued an opinion affirming the entry of summary judgment against a consortium of Florida farmers, plant nurseries, and corporations who sued DuPont alleging fraudulent inducement to settle, spoilation, and racketeering. Today's ruling also affirms the entry of summary judgment against DuPont on its claim alleging that the plaintiffs' lawsuit giving rise to this appeal constituted a breach of the settlement agreement into which the parties had previously entered. Posted at 02:55 PM by Howard Bashman "Court to release audiotapes of school cases": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court will release on a same-day basis the audiotapes of the oral arguments next Monday, Dec. 4, in the two cases on the use of race in assignment of students to public schools." Posted at 02:42 PM by Howard Bashman Seventh Circuit affirms permanent injunction blocking enforcement of the Illinois Sexually Explicit Video Game Law: In a decision issued today, a unanimous three-judge panel concludes that "the SEVGL is overbroad, it is not narrowly tailored, and it cannot survive strict scrutiny." Today's Seventh Circuit ruling states: "Because the SEVGL potentially criminalizes the sale of any game that features exposed breasts, without concern for the game considered in its entirety or for the game's social value for minors, distribution of God of War is potentially illegal, in spite of the fact that the game tracks the Homeric epics in content and theme. As we have suggested in the past, there is serious reason to believe that a statute sweeps too broadly when it prohibits a game that is essentially an interactive, digital version of the Odyssey." The trial court's earlier ruling in the case, granting a permanent injunction against the law's enforcement, can be accessed here. For others who may wish to link directly to today's Seventh Circuit ruling, I recently offered instructions detailing how to avoid the unique difficulties inherent in linking to Seventh Circuit decisions. "Court denies Times plea": At "SCOTUSblog," Lyle Denniston has |